Petitioner sought writ mandamus for a separate patta regarding ancestral land where a civil appeal regarding title is pending. Court held writ not maintainable and directed approach to revenue authorities after civil title determination.
None granted; Petitioner directed to approach Revenue authorities after disposal of pending S.A.No.1656 of 2002.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 26.11.2018
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.23424 of 2018
R.Kaliyaperumal
..Petitioner
Vs
1.The District Collector, Thiruchirappalli District.
2.The Tahsildar, Taluk Office, Mannachanallur, Thiruchirappalli District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the Petitioner's application dated 29.5.2018 for sub-division and for issuance of separate patta in the name of Petitioner in respect of the property bearing S.No.38/9 bearing Patta No.575 situated in Koothur Village, Mannachanallur Taluk, Trichy District.
For Respondents :Mr.S.Dhayalan Government Advocate
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to consider the Petitioner's application, dated 29.5.2018 for sub-division and for issuance of separate patta in the name of Petitioner in respect of the property bearing S.No.38/9 bearing Patta No.575 situated in Koothur Village, Mannachanallur Taluk, Trichy District.
2.Mr.S.Dhayalan, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The Petitioner's case is that originally the above said property bearing S.No.38/9 bearing Patta No.575 situated in Koothur Village, Mannachanallur Taluk, Trichy District belongs to his https://hcservices.ecourts.gov.in/hcservices/ grand-father Kaliyaperumal and the total extent of the said land is 2 acres and 20 cents and after the demise of his grand-father, the
2
said property devolves on his father and he was in possession and enjoyment of the same. The Petitioner and one daughter and one son are the legal heirs of his father and after the death of their father, they are in possession and enjoyment of the same. The Petitioner's brother and sister without the knowledge of the Petitioner, sold the entire property including his share to one Ganesan, son of Shanmugam by way of registered sale deed vide Document No.644/1985, dated 11.4.1985. Immediately, the Petitioner after knowing the same, filed a suit in O.S.No.137 of 1986 before the Sub-Court, Trichy seeking declaration of sale as null and void and also for one third share in the suit property. The said suit was decreed in favour of the Petitioner. Aggrieved by the same, opposite party/the subsequent purchaser has filed an appeal in A.S.No.295 of 1999 before the Additional District Court, Trichy and the same was dismissed by a judgment and decree, dated 4.10.2001. The petitioner would further contend that pending the suit, the purchaser has applied for transfer of patta on the basis of sale deed and suppressing these facts and the same was mutated in the village records by the revenue authorities. Aggrieved by the order passed by the lower appellate court in A.S.No.295 of 1999, the purchaser Ganesan filed a Second Appeal in S.A.No.1656 of 2002 which is pending before this Court. In the meantime, the said Ganesan in turn sold the property to one Antony Jose, son of Rajamani by way of registered sale deed dated 07.04.2010. Thereafter, the Petitioner approached the second respondent for transfer of patta in respect of her share in S.No.38/9. The second respondent has submitted a report to the District Revenue Officer, Trichy and the District Revenue Officer, Trichy has passed an order dated 30.12.2017 in Na.Ka.No.Aa.21150/2017.
3
Petitioner can very well approach the revenue authorities for the said relief, after establishing his right before a Competent Civil Court.
5.With the above observations, the Writ Petition stands disposed of. No costs.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-II)
To
1.The District Collector, Thiruchirappalli District.
2.The Tahsildar,
Taluk Office, Mannachanallur,
Thiruchirappalli District.
• 1 CC TO Mr.M.Gnanagurunathan , ADVOCATE IN SR No.96874. +1 cc to Special Government Pleader, SR.No.97045. VSN
DS SKN SAR2 24 12 2018 3P 5C
W.P(MD)No.23424 of 2018
2 issues framed by the court
Whether a writ of mandamus can direct revenue authorities to issue a separate patta independent of a pending civil appeal concerning title dispute.
Whether patta can be cancelled or a separate one issued in the absence of a final competent court decree establishing title.
R.Kaliyaperumal
District Collector, Thiruchirappalli District
Tahsildar, Taluk Office, Mannachanallur, Thiruchirappalli District
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
